SUDHIR NISHEET ONKAR Vs. STATE OF M P

JUDGEMENT

(1.) The challenge in this writ petition filed under Articles 226 and 227 of the Constitution of India by the petitioner is to an order dated April 9, 1999 (Annexure J), passed by a competent authority (Labour Court, Ratlam) under the provisions of Minimum Wages Act. Facts of the case lie in a narrow compass.

(2.) Petitioner is an establishment to which the provisions of Minimum Wages Act applies. On June 5, 1995, an inspection was carried out in the business premises of petitioner with a view to find out whether petitioner is following the requirement of Act by paying wages to its employees. Since it was found that the petitioner is not following and hence an application was made by an Inspector under Section 20(2)(3) of the Act before the Authority (Labour Court, Ratlam). The petitioner was noticed and an inquiry into the allegations as to whether petitioner is liable to pay the minimum wages to certain employees working in the establishment and if so how much were gone into, evidence of parties including those employees who were aggrieved. Eventually by impugned order dated April 9, 1999 (Annexure J) the authority found as a fact that petitioner is liable to pay a total sum of Rs. 45,376.00together with interest. It is this order which is impugned in this writ.

(3.) Heard Shri A.S. Dhaaru, learned counsel for the petitioner and Shri S. Mukatil learned Government Advocate for respondents.